Dear Mr Taylor

Information Request under the Freedom of Information (Scotland) Act 2002

I refer to your recent freedom of information request relating to unoccupied council homes.

I can advise that there are currently 72 empty council properties.

I hope this information is of assistance to you.

Unfortunately the council cannot provide information on accommodation used for homeless households as, considered with other information, this information would constitute the personal data of individuals staying at the properties. This information is therefore exempt under section 38.1(b) of the Freedom of Information (Scotland) Act 2002 which provides for an absolute exemption from disclosure where the release of information would breach the Data Protection Act 1998.

East Renfrewshire Council offers the opportunity to apply to the Council for a review of how we have dealt with your enquiry. If you wish to proceed to review, please apply in writing within 40 working days to: Chief Solicitor, Council Headquarters, Rouken Glen Road, Giffnock , G46 6UG, marking your letter “Freedom of Information, request for review”, and stating the exact nature of the matter you wish to be reviewed.

The review will be carried out within 20 working days of receipt. If you are dissatisfied with the outcome of the review, you have the right to then appeal to the Scottish Information Commissioner who has extensive powers to investigate such matters. His address is:

The Scottish Information Commissioner

Kilburn Castle
St Andrews
Fife
KY16 9DS

Yours sincerely,

E-Mail out

Good Morning,

I request a review of how East Renfrewshire Council have handled my request for information.

My reasons for requesting a review are as follows.

I requested the following specifically,
'how long 5C Ingleston Avenue, Woodfarm has been a council 'short stay property' and your member of staff is citing an exemption with regards to Section 38. 1(b).

Your Ms Conlin states that the information is exempt 'for an absolute exemption from disclosure where the release of information would breach the Data Protection Act 1998.'

As you are aware section 38(1) (b) is not absolute, there are two occasions when the public interest test must be applied. That being said I am of the opinion that section 38 (1) (b) has been incorrectly applied in this case.

Ms Conlin chose not to use the neither to confirm or deny option, however she did confirm that the property is used for homeless by her answer. "cannot provide information on accommodation used for homeless households".

Therefore an answer to my question which should illicit only a numerical answer, would in no way permit me to identify a living individual.

You are aware that information is personal data if the information “relates to” a living person, and that the person must be identifiable.

I would have to suggest that providing a number, for example 1, or 3 years is not personal data, does not relate to an individual who is identifyable by disclose of that information and therefore section 38(1)(b) is irrelevant in this case.

I understand that it is my right to have a response within 20 working days.

Kind Regards

Tom Taylor

Ernhw Ltd wrote:


That's very interesting. How many families are on the ERC housing lists if they've got that many empty properties and why are they spending another £32,000,000 building more if they can't fill the one's they already have?

It must cost money to look after these empty properties and assuming they are fit for habitation, the lost income at say £350/month is in excess of £302,000 a year.

Given that, is the council tax rise they jumped to impose a bloody cheek? Put your house in order and get the simple basics fixed before you come looking for more money from us.

Can't believe they have so many empty properties! Why is there such a demand from people around ER for affordable housing?

Are they all in a state of disrepair? If so fix them!

A really dodgy area? The council has means to deal with problem tenants surely?

Do we have a breakdown on the sizes of property available and where they are?

Yeah would also like to know where these properties are, that is a high number especially as there is a very long list of people waiting for council accommodation.

DJ2 wrote:


Just to be clear DJ2, the council housing service is funded entirely by income from rents. No money is received from Central Government or from Council Tax. Council Tax does not have any bearing on Council House Maintenance.